Schultz v. Heritage Mutual Insurance
District Court, D. South Dakota
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
PIERSOL, District Judge.
Defendant Heritage Mutual Insurance Company moves for summary judgment and to strike paragraphs three through eight of plaintiff Michael Schultz’s affidavit dated June 30, 1995. Plaintiff has responded to both motions. For the reasons discussed below, the Court grants defendant’s motion to strike and denies defendant’s motion for summary judgment.
The Court must grant defendant’s motion for summary judgment if there are no genuine issues of material fact for trial and defendant is entitled to judgment as a matter of law. See Celotex Corp. v.…
2Cases cited27 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Schmidt v. ClothierSupreme Court of Minnesota · 1983
- Garrett v. BankWest, Inc.South Dakota Supreme Court · 1990
- Bogan v. Progressive Casualty InsuranceOhio Supreme Court · 1988
- Vera (Ham) Robinson v. James Monaghan, M.D.Court of Appeals for the Eighth Circuit · 1989
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